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Citation: Stat. - Cal. Civ. Proc. Code § 704.170

California Bankruptcy Exemptions

Category: Public Benefits

Summary: Aid to blind, aged, disabled; public assistance

  • Other State Citations
  • Other States on this topic 2

Other California Exemption Citations

  • Cal. Civ. Proc. Code § 704.710 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code § 704.720 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code § 704.730 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code § 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.130 - Disability or health benefits
  • Cal. Civ. Proc. Code § 704.170 - Fraternal Benefit Society benefits
  • Cal. Civ. Proc. Code § 704.120 - Fraternal unemployment benefits
  • In re Laskin, 222 B.R. 872 (9th Cir BAP 1998) - Cannot strip off lien using 506 in chapter 7
  • Cal. Civ. Proc. Code § 704.050 - Exemptions Indexed for inflation every 4 years
  • Cal. Civ. Proc. Code § 703.140 (b)(9) - Exemptions Indexed for inflation every 4 years
  • Cal. Fin. Code § 17410 - Funds held in escrow
  • Cal. Civ. Proc. Code § 704.200 - Burial plot
  • Cal. Civ. Proc. Code § 704.030 - Building materials to repair or improve home to $3,200 (husband and wife may not double)
  • Cal. Civ. Proc. Code § 704.080 - Bank deposits from Social Security Administration to $3,200 ($4,800 for husband and wife); unlimited if SS funds are not commingled with other funds Bank deposits of other public benefits to $1,600 ($2,375 for husband and wife)
  • Cal. Civ. Proc. Code § 704.020 - Appliances, furnishings, clothing, & food
  • Cal. Civ. Proc. Code § 704.110 - Public retirement benefits
  • Cal. Gov't. Code § 21255 - Public employees
  • Cal. Civ. Proc. Code § 704.115 - Private retirement benefits, including IRAs & Keoghs
  • Cal. Gov't. Code § 31913 - County peace officers
  • Cal. Gov't. Code § 32210 - County firefighters
  • Cal. Gov't. Code § 31452 - County employees
  • Cal. Corp. Code § 16501 - Property of business partnership
  • Cal. Civ. Proc. Code § 695.060 - Business or professional licenses
  • Cal. Civ. Proc. Code § 704.090 - Inmates' trust funds to $1,600 (husband and wife may not double)
  • Cal. Civ. Proc. Code § 704.100 (b) - Unmatured life insurance policy loan value to $12,800 (husband & wife may double)
  • Cal. Civ. Proc. Code § 704.100 (c) - Matured life insurance benefits needed for support
  • Cal. Ins. Code § 10132 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code § 10170 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code § 10171 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Civ. Proc. Code § 704.720 (b) - Homeowners' insurance proceeds for 6 months after received, to homestead exemption amount
  • Cal. Lab. Code § 404 - Fidelity bonds
  • Cal. Civ. Code § 1366 (c) - Homeowners' Association Assessments (only exempt from association's creditors)
  • Cal. Civ. Proc. Code § 704.040 - Jewelry, heirlooms & art to $8,000 total (husband and wife may not double)
  • Cal. Civ. Proc. Code § 704.010 - Motor vehicles to $3,050, or $3,050 in auto insurance for loss or damages (husband and wife may not double)
  • Cal. Civ. Proc. Code § 704.140 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code § 704.150 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code § 704.140 (b),(c),(d) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code § 704.150 (b),(c) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code § 704.170 - Aid to blind, aged, disabled; public assistance
  • Cal. Civ. Proc. Code § 704.190 - Financial aid to students
  • Cal. Civ. Proc. Code § 704.180 - Relocation benefits
  • Cal. Civ. Proc. Code § 704.120 - Unemployment benefits
  • Cal. Civ. Proc. Code § 704.120 (b)(5) - Union benefits due to labor dispute
  • Cal. Civ. Proc. Code § 704.160 - Workers' compensation
  • Cal. Civ. Proc. Code § 704.060 - Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $8,000 total ($15,975 total if used by both spouses in same occupation); Commercial motor vehicle to $4,850 ($9,700 if used by debtor and spouse in same trade)
  • Cal. Civ. Proc. Code § 704.060 - Commercial vehicle (Vehicle Code § 260) to $4,850 ($9,700 total if used by both spouses in same occupation)
  • Cal. Civ. Proc. Code § 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code § 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code § 703.150 - Exemptions Indexed for inflation every 4 years
  • Cal. Corp. Code § 16502 - Property of business partnership
  • Cal. Corp. Code § 16503 - Property of business partnership
  • Cal. Corp. Code § 16504 - Property of business partnership
  • Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code § 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Cal. Civ. Proc. Code § 703.150 (c) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code § 704.210 - Funds held in escrow

50 State Public Benefits Exemptions

 

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